Orville "Moe" Fleming's defense attorney conceded Monday that the former Cal Fire chief killed his girlfriend, but said it wasn't murder in the legal sense.

Orville "Moe" Fleming's defense attorney conceded Monday that the former Cal Fire chief killed his girlfriend, but said it wasn't murder in the legal sense.

Share

Shares

Copy Link

{copyShortcut} to copy
Link copied!

Updated: 6:37 PM PDT Jun 15, 2015

Hide TranscriptShow Transcript

WEBVTT AZ AREA 3 NEWS AT 5:00 STARTS RIGHT NOW. EDIE: A PAINFUL DAY FOR VICTIMS FAMILY AS A NEXT CALFIRE CHIEF GOES ON TRIAL FOR MURDER. MORE THAN A YEAR AFTER THE MURDER INTO MANHUNT ATTRACTED NATIONAL ATTENTION, THE TRIAL STARTED TODAY IN SACRAMENTO. GULSTAN: IHIS ATTORNEY ADMITTED HE KILLED HIS PROSTITUTE TURNED GIRLFRIEND, BUT IT WASN'T MURDER IN A LEGAL SENSE. WE ARE OUTSIDE THE COURT RIGHT NOW WITH HOW HE PLANS TO CLAIM A ZOMBIE DEFENSE. DAVID: THE ATTORNEY SAID THAT THE TECHNICAL NAME IS DISSOCIATIVE AMNESIA. HE SAYS THAT HE ESSENTIALLY LOST CONTROL. THE MOTHER OF SARAH DOUGLAS QUIETED THE HALLWAY TODAY AFTER WATCHING A VIDEO IN COURT THAT SHOWED THE CRIME SCENE, INCLUDING HER DAUGHTER'S BODY, LYING NEAR THE BED, STABBED MULTIPLE TIMES AND STRANGLED. IN HIS OPENING STATEMENT, THE PROSECUTOR PER TRADE HER AS WOMAN SEEKING TO LEAVE BEHIND HER LIFE AS A PROSTITUTE, AND FLEMING AS A FIRE INSTRUCTOR WITH A GOOD CAREER AND A MIDLIFE CRISIS. WHAT STARTED OUT AS A BUSINESS RELATIONSHIP TURNED INTO SOMETHING MORE -- THEY LOVED EACH OTHER. THE DEFENSE ATTORNEY SAID DOUGLAS WAS NOT ONLY A FORMER PROSTITUTE BUT ALSO A DRUG ABUSER, PRONE JAMAL VOLATILE AND UNPREDICTABLE MOOD SWINGS. THE DEFENDANT REMEMBERS STABBING HER ONES BUT SAYS HE FELT LIKE A ZOMBIE AND MEMBERS NOTHING MORE. BECAUSE OF THAT, THEY SAY HE IS GUILTY OF MANSLAUGHTER BUT NOT MURDER. ON THE WITNESS STAND, HIS SISTER BROKE DOWN AS SHE REMEMBERED GETTING A CALL FROM HIM IN THE MIDDLE OF THE NIGHT, DURING AN ARGUMENT ON THE END OF THE LINE, AND THEN A SCREAM. THE SISTER SAID SHE WAS WORRIED BUT DECIDED NOT TO CHECK ON HIM, SAYING "I LIVE WITH THAT EVERY DAY." AND NEXT-DOOR NEIGHBOR TESTIFIED SHE HEARD THE CRIES FOR HELP AND WAS ABOUT TO CALL 911 WHEN THE SCREAMING STOPPED. A LEGAL EXPERT SAYS THE ONLY WAY A ZOMBIE DEFENSE CAN WORK IS IF HE TAKES THE STAND. LET HIM EXPLAIN WHAT HAPPENED, BUT IT HAS TO BE REAL. ONE LITTLE MISSTEP AND THE PROSECUTOR WILL CATCH YOU MINUTE. DAVID: THEY HINTED TODAY THAT HE WILL TAKE THE STAND TO TESTIFY IN HIS OWN DEFENSE. THE PROSECUTION WILL WRAP UP ITS CASE TOMORROW.

Cal Fire captain to use 'zombie' defense in murder trial

Orville "Moe" Fleming's defense attorney conceded Monday that the former Cal Fire chief killed his girlfriend, but said it wasn't murder in the legal sense.